Life Sciences Horizons Brochure 2025 - Flipbook - Page 63
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2025 Horizons Life Sciences and Health Care
The False Claims Act, health care,
and AI-related risks (continued)
The rapidly evolving AI technologies also present unique
opportunities. Companies harnessing this advanced
technology to accelerate their business interests can – and
should – use the technology to avoid FCA liability. The DOJ has
urged companies to identify and mitigate AI risks through
their compliance programs. In its updated guidance for the
Evaluation of Corporate Compliance Programs (ECCP), the
DOJ indicated it will now evaluate how companies manage
AI-related risks in both their business and compliance
program.8
This update creates both positives and negatives for
companies using AI, but if compliance programs are improved
with the ECCP in mind, the benefits are two-fold. First,
companies can deploy algorithms to more efficiently assess
their compliance with government regulations. Second, in the
event of an investigation or potential FCA liability, companies
can point towards their compliance program’s ability to
manage AI-related risks. Even if a company’s own technology
led to an alleged FCA violation, they can demonstrate a lack of
knowledge or reckless disregard based on their compliance
system’s identification of AI risks.
Jonathan Diesenhaus
Partner
Washington, D.C.
Nicolette DeLorenzo
Associate
Washington, D.C.
Xochitl Halaby
Associate
Washington, D.C.
8
See, https://www.justice.gov/opa/speechprincipal-deputy-assistant-attorney-general
-nicole-m-argentieri-delivers-remarks-society. The DOJ will consider technologies
companies use to operate and whether they have both considered and mitigated the
risks associated with those technologies.
